[§378-28]  Power of department to preventunlawful practice.  (a)  After the filing of any complaint, or whenever itappears to the department that an unlawful practice may have been committed,the department shall conduct an investigation in connection therewith.  At anytime after the filing of a complaint, but prior to the issuance of adetermination as to whether there is or is not cause to believe that this parthas been violated, the parties may agree to resolve the complaint through asettlement.

(b)  If the department determines after suchinvestigation that there is cause to believe that this part has been violated,the department shall demand that the respondent cease such unlawful practice. In addition to the penalty specified in section 378-29.3 the department mayorder appropriate affirmative action, including, but not limited to, hiring,reinstatement, or upgrading of employees, with or without backpay, as, in thejudgment of the department, will effectuate the purpose of this part.

(c)  The department may commence a civil actionin circuit court seeking appropriate relief.  In a civil action broughtpursuant to this subsection:

(1)  The director may join various complainants in onecause of action;

(2)  The director shall not be required to pay thefiling fee or other costs or fees of any nature or to file a bond or othersecurity of any nature in connection with such action or with proceedingssupplementary thereto, or as a condition precedent to the availability to thedirector of any process in aid of such action or proceedings;

(3)  In no event shall any action be brought more thanthree years after the complaint was filed with the department.

(d)  In any action brought pursuant to thispart, if the court finds that a respondent has engaged in or is engaging in anunlawful practice as defined in this part, the court may enjoin the respondentfrom engaging in such unlawful practice and order such affirmative action asmay be appropriate, including, but not limited to fines, reinstatement, hiring,or upgrading of employees and prospective employees, with or without backpay,or any other equitable relief as the court deems appropriate.

(e)  In any action brought pursuant to thispart, if any judgment obtained by the director against the respondent remainsunsatisfied for a period of thirty days after such judgment is entered, thedirector may request the circuit court to compel the respondent to comply withthe judgment, including, but not limited to, an order directing the respondentto cease doing business until the respondent has complied with the judgment.

(f)  Whenever it appears to the director thatan employer is engaged in any act or practice which constitutes or mayconstitute, now or later, a violation of this part, or any related rule, thedirector may bring an action in the circuit court of the circuit in which it ischarged that the act or practice complained of occurred or is about to occur toenjoin the act or practice and to enforce compliance with this part or with therule, and upon a proper showing, a permanent or temporary injunction or decreeor restraining order shall be granted without bond.

(g)  In any action brought under this part, thecourt may in addition to any judgment awarded to the plaintiff or plaintiffs,allow costs of action, and reasonable attorney's fees, to be paid by thedefendant. [L 1985, c 241, pt of §1]